BODDAM NARSIMHA Vs. HASAN ALI KHAN

JUDGEMENT

(1.) Nawaz Jung Bahadur was a pattedar of the lands inter alia in Survey Nos. 63, 68, 69 and 70 admeasuring 69 acres 10 guntas in village Madhapur of Serlingampally Mandal, Ranga Reddy in Andhra Pradesh. On the demise of Nawaz Jung Bahadur, one of his sons Mohd. Ali Khan filed a suit for partition of the properties of late Nawaz Jung Bahadur. This was in 1935. The scheduled property was Item 6 of Schedule B in Suit No. 42/62 filed in the City Civil Court, Hyderabad. In the plaint it was stated that Item 6 was in possession of the tenants. One such tenant, Boddam Bala Mallaiah (hereinafter referred to as "Bala") was the cultivating tenant in respect of Survey Nos. 63, 68, 69 and 70 of village Madhapur admeasuring 69 acres 10 guntas as indicated by Khasra Pahani for the year 1954-55. Bala was a lessee for three years. He was inducted in the aforesaid lands under a kaulanama dated 1.3.1953. This kaulanama was executed by one Hamid Ali Khan son of Md. Nawaz Jung. Initially it was for one year. It was renewed each year. It stated that on expiry of the stipulated period the tenant will have no right over the land in possession. It further stated that Bala will be sole cultivator and that without the permission of the landlord, Bala will not include any other cultivator. Hamid Ali Khan sold his share to Bala on 23.11.1959 through a registered sale deed. The partition suit referred to above filed in 1935 (renumbered in 1962) stood decided on 24.11.1970. This sale deed dated 23.11.1959 in favour of Bala stood executed after the vendor Hamid Ali Khan obtained permission under Sections 47 and 48 of the Hyderabad Tenancy and Agricultural Land Act, 1950. The permission was obtained from Deputy Collector on 13.11.1959. Accordingly, Bala became a pattedar in place of Hamid Ali Khan in respect of the suit land. In the revenue records for the year 1972-73, the name of Bala was shown as pattedar. The alienation in favour of Bala was during the pendency of the suit for partition of the ancestral properties belonging to Nawaz Jung Bahadur. Bala died in 1975. He was the paternal uncle of the appellant herein.

(2.) Pursuant to the preliminary decree, an Advocate Commissioner was appointed in the final decree proceedings vide I. A. No. 854/84 in suit No. 42/62. On 28.11.1993 the said Commissioner came to the suit site to measure the lands. At that stage the LRs. of Bala and his 2 brothers instituted a suit for permanent injunction against the respondents herein being suit No. 294/93 which was dismissed on 8.6.1998. The important point to be noted is that the plaintiffs in the said suit did not allege Bala to be a protected tenant. Bala had two brothers, namely, Agaiah (father of the appellant) and Komariah.

(3.) Subsequently, the vendees (K. Sambasiva Rao and Ors.) who claimed title through the LRs. of Bala and his two brothers instituted another suit for permanent injunction against the respondents herein. This suit was dismissed on 8.6.1998.